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CWRACT �0
AMENDMENT TO TRANSACTION CONFIRMATION
This Amendment to Transaction Confirmation ("Amendment") is dated this 10th day of
March, 2015, by and between Atmos Energy Marketing, LLC ("Seller") and The City of Fort
Worth (`Buyer"). Unless otherwise defined in this Amendment, capitalized terms used in this
Amendment shall have the same meaning as that given to such terms in the Base Contract and the
Special Provisions to the Base Contract referenced in the Confirmation(as hereinafter defined).
WHEREAS, effective March 1, 2015, Buyer and Seller entered into that certain
Transaction Confirmation (the "Confirmation") whereby Buyer agreed to purchase natural gas
from Seller,and Seller agreed to sell such gas to Buyer; and
WHEREAS, the Parties desire to amend and modify certain terms and conditions of the
Confirmation all as more particularly hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration,Buyer and Seller agree to and do hereby amend the Confirmation as follows:
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The following additional Special Conditions are added to the Confirmation:
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1. During the Delivery Period of this Transaction, but subject to the performance
' obligation defined herein, Seller will sell and deliver to Buyer, and Buyer will
purchase and receive from Seller, 100% of Buyer's Gas requirements at the
Delivery Point.
2. The Parties acknowledge that: (i) material changes in available Transporter
capacity may occur with little or no notice on one or more Transporters that
! move, transport or manage Gas purchased and sold hereunder resulting from
pipeline capacity allocations, operational flow orders, pipeline interconnect
problems, unscheduled maintenance or other similar problems ("Flow Order");
i and (ii) any or all such Flow Orders may affect a Party's ability to deliver or
l receive all or part of the quantities of Gas to be delivered and received under this
Transaction. Accordingly, if either Party receives or becomes aware of a Flow
Order requiring action to be taken in connection with the flow and/or
consumption of Gas pursuant to this Transaction, such Party will use
! commercially reasonable efforts to notify the other Party by phone and/or e-mail
of such event in a timely manner. Each Party will take all actions required by the
I o Flow Order within the time prescribed and any penalties assessed by a
Transporter as a result of the actions or inactions of one party, shall be paid by
the non-performing Party. Both Parties agree that a Flow Order may require one
or both Parties to buy or sell quantities of Gas in the then current market
¢ conditions,which may be appreciably higher or lower than the pricing set forth in
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C3 this Transaction. Therefore, and notwithstanding any other terms or conditions
jof this Transaction or the Base Contract to the contrary, any such quantities will
w be priced at then current market conditions and delivered or received on a
Wreasonable best efforts basis,subject to available transportation.
! pG 3. For purposes of this Transaction, and notwithstanding anything in the Base
Contract to the contrary, the performance obligation hereunder is subject to
applicable Transporter operating conditions or tariff provisions affectin
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utilization of a firm transportation,gervice contract with the Transporter under
which the Delivery Point is not a specified primary point.
4. Seller will provide Buyer with a tolerance of plus/minus 10% of the applicable
Contract Quantity at the first-of-month price published in Platt's Inside FERC
Gas Market Report, Prices of Spot Gas Delivered to Pipeline, West Texas, Waha 0�
plus $0.06 per MMBtu, before applying the Overtake Price and/or Undertake 1
Price provisions of this Transaction.There is no tolerance at a fixed price.
5. Unless otherwise provided in this Transaction Confirmation, this special '3`
condition shall apply to Delivery Point balancing quantities. Quantities delivered
by Seller to Buyer on any Day during the Delivery Period at the Delivery Point
that are in excess of the applicable Contract Quantity for such Day will be priced j
(per MMBtu) at the greater o£ (1) the Overtake Price defined herein; or (2) a
spot market price mutually agreed upon by Buyer and Seller reflective of the
delivered regional Gas price, plus transportation and applicable fuel. If on any
Day during the Delivery Period Buyer takes less than the Contract Quantity
delivered by Seller at the Delivery Point, then any untaken quantities will be
repurchased by Seller and will be priced (per MMBtu) at the lesser of (1) the
Undertake Price defined herein; or(2) a spot market price mutually agreed upon
by Buyer and Seller reflective of the delivered regional Gas price,plus applicable '
fuel.
,,K& The Overtake Price shall mean the average of the Gas Daily,Daily Waha posting t
�j price plus $0.06 per MMBtu. The Undertake Price shall mean the average of the
Gas Daily,Daily Waha posting price minus$0.05 per MMBtu.
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Except as herein modified, all terms and conditions of the Confirmation remain in full
force and effect.
IN WITNESS WHEREOF,the Parties have executed this Amendment as of the date first j
written above in multiple counterparts,each of which constitutes an original.
ATMOS ENERGY MARKETING,LLC THE CITY OF FORT WORTH
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By: By: �C.ao
Rob Ellis Fe" n Cott-
Sr. VP—Marketing s�f C1f� /`hn2aPr
icy °°o 0 � APPROVED AS TO
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0040 F GALITY :
JOO a ASSIS TANT ATTORNEY .
Se iti Sd h� 4om�a I S e x&-t
NO { C "ID
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OFFICIAL RECORD i
CITY SECRETARY
2 FT.WORTH,'rm
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